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HomeMy WebLinkAbout#3733-variances-1996 � �� � O� O O � F CITY of ORONO �'� G'� RESOLUTION OF THE CITY COUNCIL �9kE3804��' NO. � 7 3 3 A RESOLUTION GRANTING VARIANCES TO MtiNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6 (B) FILE NO. 2140 WHEREAS, Troy D. Anderson and Catherine A. Anderson (hereinafter "the applicants ) are o�mers of the property located at 1490 Long Lake Boulevard within the City �� of Orono (hereinafter "the City") and legally described as follows: Lots 3 and 4, Albee's Lon� Lake Addition, Hennepin County, and That part of Government Lot 1, Section 26, Township 118, Range 23, lying east of a line drav�m parallel to and 675 feet East of, measured at right angles to, the West line of said Section 26 and �vest of the extension south of the most westerly line of Lot 1, "Auditor's Subdivision Number 291, Hennepin County, Minnesota." (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit construction of an 18' x 23' family room addition to the west side of the existing residence to be located 30' from the street/front lot line instead of the required 50', applicant also proposes a 6' x 6.8' roofed entry addition to the south side of the residence to be located 42' from the front/street lot line instead of the required 50'. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2140. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zonin� District. The property consists of 32,400 s.f. Page 1 of 4 • � 1r � O� O O , CITY of ORONO � ti '�' RESOLUTION F THE CITY COUNCIL ��`�JfE p4�'G NO. � "r 3 � sx 3. The Orono Planning Commission reviewed this application on June 17, 1996 and recommended unanimous approval of the proposed variances based upon the follo�ving unique findings and hardships: A. The e�isting structure was placed on property prior to the cunent two acre zoning standards. B. The shape of lot and location of residence on property. C. Applicant installed a new mound septic system in 1993. The proposed improvement will not have an impact on the existing septic system. D. The City has received no negative comments from adjacent neighbors notified of the current proposed improvement. 4. The City Council finds that the conditions existin� on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and ��ould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findinas and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfaze of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings and hardships, the Orono City Council hereby grant variances to M�micipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a family room addition and entry addition granting a 20' or 40% variance for the family room addition and an 8' or 16% variance for the entry addition. Approval is subject to the following conditions: Page 2 of 4 � �. � O� O O � � C ITY of ORONO �,� G'�� RESOLUTION OF THE CITY COUNCIL �9kESH�4��' NO. e� '�' c�i � 1. Upon application for a building permit, applicant shall provide an updated survey locating all existing additions and proposed family room and entry additions. 2. Authorities granted by this variance run with the property not �vith the applicants, but are perniissive only and must be exercised by application for a building permit w-ithin one }�ear of the date of Council approval, or this variance �vill expire on that date (June 24, 1997). ;. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meetin� held on the 24th day of June, 1996. AT ST: . �/ Dorothy M �I lin, City Clerk Edward J. Call an, Jr., Mayor � Pro rty �vner (s) Page 3 of 4 � � � O ' Y O � �, C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��'9.tfE Kp4�'G NO. 3 7 3 3 s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instiument was acknowledged before me on this 24th day of June, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City�. �`"•< JAMIE L.BOSMA � NOTARY PUBLIC-MINNESOTA � •.,�� HENhEPIN COUNTY � • '•��•i°. A1y Commission Expires Jan.31,2000 Notary ublic � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this. 3,-� day of _. /u/,� , 199� before me a Notary Public within and for said county, personally appeared �� „ /� „�/-� �-S�.� r-��t��-: ��J known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. "` ' CAROLE A.HASEMAN � ��� NOIARY P�B���"MINNESOTA / � t ;��`''��• HENNEPW COUNTY �fL� �• �f'�����'�"�l� ' °�..`�-s'� My Commission Expires Jan.31,2�00 NOTARY PUBLIC ,�' .+ ,C,..:..:�.C. STATE OF MINi�1ESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ;�y�j, day of � 'Gc.�c . , 199 L before me a Notary Public �vithin and for said county, personally ap ared 'f'a��.�,,� �. �� /1;. �,�h,�,.�-.,- �..:������' kno�rn to ine to be the person(s) described in and who executed the foregoiilg instniment, and acl:nowledged that he (they) executed the same as his (their) free act and deed. �;,�-C_�/ % .1-, �� `�` •• JAMIE L.BOSMA NOT Y PUBLIC � ? '�.er�l� NOTARYPUBUC-MINNESOTA .,`�'�. HENNEPIN COUNTY `�•�•'� My Comm�ssion Expires Jan.31,2000 `�e�'`'` Page 4 of 4